Senate Bill No. 142

(By Senators Chafin, Fanning, Minear, Helmick, Sharpe and Ross)

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[Introduced February 28, 1997; referred to the Committee
on Finance.]
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A BILL to amend article thirteen, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section thirteen-h, relating to the creation of the coalfield employment enhancement tax credit; and allowing a tax credit for persons with economic interests in coal mined in West Virginia by underground methods, based upon seam thickness.

Be it enacted by the Legislature of West Virginia:
That article thirteen, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section thirteen-h,
to read as follows:
ARTICLE 13. BUSINESS AND OCCUPATION TAX.
§11-13-13h. Credit allowed; amount of credit; effective date.
(a) For tax years beginning on and after the first day of January, one thousand nine hundred ninety-eight, but before the first day of January, two thousand four, any person, partnership, corporation or other legal entity who has an economic interest in coal mined in the state of West Virginia shall be allowed a credit against the tax imposed by article thirteen-a of this chapter, relating to severance taxes and any other tax imposed by the state in accordance with the following:
(1) For coal mined by underground methods, the credit amount shall be based on the seam thickness as follows:
Seam ThicknessCredit per Ton
36" and under$2.00
Above 36"$1.00
The seam thickness shall be based on the weighted average isopach mapping of actual coal thickness by mine as certified by a professional engineer. Copies of the certification shall be maintained by the person qualifying for the credit under this section for a period of three years after the credit is applied for and received and shall be available for inspection by the tax commissioner. The director of the division of environmental protection is hereby authorized to audit all information upon which the isopach mapping is based.
(2) For coal mined by surface mining methods, a credit in the amount of forty cents per ton for coal sold in the year one thousand nine hundred ninety-seven, and each year thereafter.
(b) In addition to the credit allowed in subsection (a), for tax years beginning on and after the first day of January, one thousand nine hundred ninety-eight, any person who is a producer of coal bed methane shall be allowed a credit in the amount of one cent per million BTUs of coalbed methane produced in the state against the tax imposed by article thirteen-a of this chapter and any other tax imposed by the state on such person.
(c) For purposes of this section, economic interest is the same as the economic ownership interest required by §611 of the Internal Revenue Code which was in effect on the thirty-first day of December, one thousand nine hundred seventy-seven. A party who only receives an arm's length royalty may not be considered as having an economic interest in coal mines in the state.
(d) If the credit exceeds the person's state tax liability for the tax year, the excess may be redeemable by the tax commissioner on behalf of the state for ninety-five percent of the face value within ninety days after filing the return. If the state does not redeem the excess amount, it shall be transferable by sale.
(e) No person may utilize more than one of the credits on a given ton of coal described in subsection (a) of this section. No person may claim a credit pursuant to this section for any ton of coal for which a credit has been claimed under any other provision of this article. Persons who qualify for the credit may not apply the credit to their tax returns prior to the first day of January, two thousand, and only one year of credits shall be allowed annually beginning in two thousand.
(f) The amount of credit allowed pursuant to subsection (a) of this section shall be the amount of credit earned multiplied by the person's employment factor. The person's employment factor shall be the percentage obtained by dividing the total number of coal mining jobs of the person filing the return, including the jobs of the contract operators for such person, as reflected in the annual tonnage reports filed with the division of environmental protection for the year in which the credit was earned by the total number of coal mine jobs of persons or operators as reflected in the annual tonnage reports for the year immediately prior to the year in which the credit was earned. In no case shall the credit claimed exceed that amount set forth in subsection (a) of this section.
(g) The tax credit allowed under this section shall be claimed according to the following schedule:
(1) Fifty percent of the credit allowed in tax year one thousand nine hundred ninety-seven shall be claimed in tax year two thousand and the remainder in the year two thousand six.
(2) Fifty percent of the credit allowed in tax year one thousand nine hundred ninety-eight shall be claimed in tax year two thousand one and the remainder in the year two thousand seven.
(3) Seventy-five percent of the credit allowed in tax year one thousand nine hundred ninety-nine shall be claimed in tax year two thousand two and the remainder in the year two thousand eight.
(4) Seventy-five percent of the credit allowed in tax year two thousand shall be claimed in tax year two thousand three and the remainder in the year two thousand nine.
(5) One hundred percent of the credit allowed in tax year two thousand one shall be claimed in tax year two thousand three.
(6) One hundred percent of the credit allowed in tax year two thousand two shall be claimed in tax year two thousand five.
(hg) The provisions of this section shall become effective for all taxable years beginning on or after the first day of January, one thousand nine hundred ninety-eight, through the thirty-first day of December, two thousand three, however, credits earned for these taxable years may continue to be utilized after taxable year two thousand three as provided in this section.


NOTE: The purpose of this bill is to provide a tax credit, for persons, including individuals, partnerships , corporations or other legal entities, who have economic interests in coal mined by underground methods in West Virginia, based upon the seam thickness of the coal.

This section is new; therefore, strike-throughs and underscoring have been omitted.